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HomeMy WebLinkAboutpitkin.planning.246334102004DOCUMENT LAYOUT THIS FILE MAY OR MAY NOT CONTAIN ALL OF THE INFORMATION LISTED BELOW IN THE FOLLOWING ORDER Summary Sheet Resolution for the BOCC and/or P&Z Ordinance for the BOCC and/or P&Z Determination for the Hearing Officer Administrative Determination Staff Memo Application Public Notice, Acceptance Letter, Referral(s) Letter Site Plan Miscelianeous Piat copies (11x1'1) I IIIIII VIII IIII Illill IIII VIII illlll III VIII IIII IIII 0988 200 34P SILVIR DRVIS PITKIN COUNTY CO R 0.00 D 0.00 DETERDffiVATION OF THE HEARING OFFICER OF THE COMDIUNITY DEVELOPMENT DEPARTMENT OF PITKIN COUNTY, COLORADO, APPROVING THE BECKER 1041 HAZARD REVIEW Determination No. ~J ~-2003 RECTTALS Nancy Becker (hereafter "Applicant") has applied to the Pitkin County Heazing Officer (hereafter "Heazing Officer") fora 1041 Hazard Review approval to establish a building envelope for the construction of a single family residence. 2. The property is located at 0293 N. Bill Creek Road, and more specifically described as Exhibit .~A» The property is zoned RS-30 PUD and contains 1.3 acres. 4. The Hearing Officer heard this application at a public hearing on September 16, 2003, at which time evidence and testimony were presented with respect to this application. The Heazing Officer finds that the building envelope avoids wildlife and riparian habitat azeas, floodplain, avoids slopes in excess of 30 percent, and is located in a low to medium wildfire hazazd azea. NOW THEREFORE BE TT RESOLVED by the Pitkin County Hearing Officer that approval is hereby granted to the Becker 1041 Hazard Review subject to the following conditions, which shall run with the land and be binding on all successors in interest: The Applicants shall adhere to all conditions and material representations made in the application and public meetings except as amended herein. 2. Prior to submittal for any building permits, the Applicants shall record a 24 X 36 inch mylaz 1041 Hazard Review Site Plan in accordance with Sections 5-70-040 of the Land Use Code. A building envelope shall be depicted on the site plan encompassing all proposed development. Community Development shall approve the site plan prior to recordation. Upon approval, the site plan shall be submitted in digital format for integration in to the County Geographic Information System (GIS) prior to submission of a building permit. ~ L ooo~ei ~; F ,~. I IIIIII lli~lllll IIIIII IIII VIII IIIIII III VIII IIII IIIIO 0 883 /0~003:34P Hearing Officer Determination No. 3~ -2003 Page 2 3. The applicant shall comply with the following landscaping and wildfire defensible space mitigation standazds as can be accomplished within the boundaries of the property: A. Brush, debris, and non-ornamental vegetation shall be removed within a minimum 10 foot perimeter around the sVUCture. B. Vegetation shall be reduced to break up the vertical and ]toriwntal continuity of the fuels a minimum of a 30 foot perimeter around the structure. C. Spacing between clumps of brush and vegetation within the 30 foot perimeters shall be a minimum of two times the height of the fuel. Maximum dia,neter of the clumps shall be two times the height of the fuel. All measurements shall be from the edges of the crowns of the fuel. D. All branches from trees and brush within the 30 foot perimeter shall be pruned to a height of 10 feet above the ground and ladder fuels from around trees and brush shall be removed. E. Tree crown sepazation within the 30 foot perimeters shall have a minimum of ] 0 feet between the edges of the crowns. F. All branches which extend over the roof eaves shall be trimmed and al] branches within 15 feet of the chimneys shall be removed. G. The density of fuels within a 100 foot perimeter of the structure shall be reduced. H. All deadfall within the 100 foot perimeter shall be removed. I. The applicant shall be responsible for the continued maintenance of the defensible space vegetation requirements. 4. The applicant shall comply with the following additional wildfire mitigation standards: A. Roofing: New roofs shall have a class A roof covering or a class A assembly roof system. Wood shake/shingle roof coverings and flat roofs (up to a 3:12) pitch are prohibited. B. Vents shall be screened with corrosive resistant wire mesh with mesh %< inch maximum. C. Roofs and gutters shall be kept clear of debris. D. Yards shall be kept clear of all litter, slash, and flammable debris. E. All flammable materials shall be stored on a parallel contour a minimum of I S feet away from any structure. F. Weeds and grasses within the 10 foot perimeter shall be maintained to a height not snore than 6 inches. G. Firewood/wood piles shall be stacked on a parallel contour a minimum of 15 feet away from the structure. H. Swimming pools shall be accessible to Fire Department vehicles. I. Fences shall be kept clear of brush and debris. J. Wood fences shall not connect to the structure. K. Any outbuildings or additional structures shall adhere to the same standards as structures. L. Fuel tanks shall be installed underground with an approved container. M. Propane tanks shall be installed according to NFPA 48 standards and on a contour away from the structure with standard defensible space vegetation mitigation around any above- ground tank. Any wood enclosure around the tank shall be constructed with materials approved for 2 hour fire-resistive construction on the exterior side of the walls. N. Each structure shall have a minimum of one 10 pound approved ABC fire extinguisher placed in a visible and accessible location. O. Addresses shall be clearly mazked with 2 inch non-combustible letters and shall be visible and installed on anon-combustible post. O~0002 ~ ~~~ ~~ Ilill Il~f 11 ~~~~ ~~~~ ~~~~ ~~~ ~~~~~ ~~~~ ~~~~ 488 ? 08 ~ 4P SILVIF DRVIS PITKIN COUNTY CO R 0.00 D 0.00 Hearing Officer Determination No.'jl -2003 Page 3 P. New utility lines shall be buried. 5. No development, including grading, excavation, fill placement, berming, landscaping, entry or ranch gates, and vegetation removal or disturbance shall occur outside of the approved building [and/orJ development envelope except for access and wildfire mitigation. Construction, staging, parking, utility and driveway extension and maintenance shall occur within approved building, or access driveway. 6. Prior to application for building permit the applicant shall provide for review to the County Engineer a trip generation and construction trip generation study for any free market residential structure exceeding 5,000 square feet. Atraffic-engineering consultant hired by the applicant and pre-approved by the County Engineer shall develop this study. 7. Pursuant to Ordinance No. 022-2000, the Applicants are subject to the Fair Share Requirements and shall pay a road impact fee. 8. Prior to commencement of any earthmoving or construction activity, the Applicants shall stake the corners of the building envelope and install construction fencing around the perimeter of the building envelope. The fencing shall remain in place until issuance of Certificate of Occupancy. No vegetation shall be damaged or removed outside the building envelope. 9. A Drainage and Erosion Control Plan shall be submitted by the Applicant and approved by the County Engineer prior to building permit submission. 10. The Applicant shall comply with the 2001 Wildlife Protection Ordinance No. 010-2001 for waste storage. Compliance with the condition shall be verified by the Pitkin County Wildlife Biologist prior to issuance of a certificate of occupancy. 1 I . Fencing outside the building envelope must comply with §3-80-080(A)(10) and §3-80- 080(A)(11) ofthe Land Use Code. Existing fencing must be brought into compliance with those guidelines. 12. Any areas disturbed outside the building envelope must be revegetated with native vegetation according to a revegetation plan submitted by the Applicant and approved by the County prior to issuance of a Certificate of Occupancy. ] 3. Any development occurring in the setbacks shall require a variance from the Boazd of Adjustment. 14. Floor area shall be limited to 5,750 square feet exempt from growth management or use of TDRs. 15. Statutory vested rights for the approval contained herein are granted pursuant to the Pitkin County Land Use Code and Colorado Statutes, subject to the exceptions set forth in Pitkin County Land Use Code, § 4-140 and C.R.S., § 24-68-105. The statutory vested rights granted herein shall expire on September 16, 2006. I IIIIII VIII IIIIIfIIIIII IIII VIII IIIIII III VIII IIII IIII9 4~8D 0.0~ 34P Hearing Officer Determination No. J' ~ -2003 Page 4 NOTICE OF THE PUBLIC HEARING PUBLISHED IN THE ASPEN TIMES WEEKLY ON THE 16th DAY OF August 2003. APPROVED ON THE 16th DAY OF September 2003. PUBLISHED AFTER ADOPTION FOR VESTED REAL PROPERTY RIGHTS IN THE ASPEN TIMES WEEKLY ON ~f>~¢~t a7~ Zoo3 AT EST: ~~ an s Taylor, Ads inistrative Assistant APPROVED AS TO FORM: John E , orney HEARING OFFICER OF PITKIN COUNTY,COLORADO mes R. True, Hearing Officer Date: r (0 0 3 APPROVED AS TO CONTENT: Cindy Houben, 6S~ Community Development Director Case #P065-03 PID# 246334102004 ivv. cov r.a 1IIIIIIQIIIII~IIIIII IIIIII IIII VIII IIIIII II VIII IIII IIIIO 09/8283 20083003:34 ~ CONTINUATION SHEET / SCHEDULE • ~i~0.4 Order Number: Commitment Number. 16856 ESHIBIT "A" A tract of land situated in the NE1/4NW1/4 and NW1/4NE1/4 of Section 3~, Township B South, Range 88 West of the 6th P.M., Pitkin County, Colorado, lying Easterly of the center line of the Crystal River, described as follows: Beginning at a point w'henee an iron post with a brass cap properly marked for the center of said Section 34 bears 5. 06°05'37" W. 1816.06 feet; thence 5. 66°10'00" W. 122.41 feet; thence N. 72°16'00" W. 133.39 feet to a point in the center of said river; thence N. 09°10'00" E. 165.68 feet along center line of said river; thence N. 25°11'DO" W. 130.54 feet along center line of said river; thence 3. 73°51'40" E. 255.30 feet; thence S. 11°31'00" W, 90,09 feet; thence 5. 19°26'12" E. 120.12 feet to the point of beginning. Together with access from Colorado State Hightaap 133 over and across existing easements and rights of way. County of Pitkin, State of Colorado. Page OD55 (6°M 3/69( ... ~~_~iC. W'..~ 1J._ _.. STEWART TITLE O cARANYY ODMPANY ....y ... ',ice„'` t ._.~.. _: :~i9..,;. MEMORANDUM TO: Pitkin County Hearing Officer FROM: Ezra Louthis, Planner RE: Becker 1041 Hazard Review DATE: September 16, 2003 SUMMARY OF REQUEST: The Applicant requests 1041 Hazard Review approval to establish a building envelope for a lot in the Crystal River Valley. The parcel currently has a legal mobile home located on it. APPLICANT: Nancy Becker LOCATION: Tract 32, Lower Sewell Tracts ZONING/LOT SIZE: The property is zoned RS-30 PUD/1.3 acres BACKGROUND/EXISTING CONDITIONS: The subject property is part of the Lower Sewell Tracts, and has had a legal structure on the parcel since 1971. The parcel is divided into two benches by an area with slopes exceeding 30%. The lower portion of the parcel borders the Crystal River, and the access comes off of N. Bill Creek Road on the upper bench. The existing residence is serviced by an existing well and septic system, which was permitted by Pitkin County Environmental Health. REFERRAL COMMENTS: This application was referred to the Carbondale Fire District, but no comments were received. • The Crystal River Caucus had no objections to the proposed envelope. 1041 ENVIItONMENTAL HAZARD AREAS (SECTION 3-80): Wildfire: The parcel is located in a low wildfire area, and the Applicant shall comply with the corresponding code section 3-80-070. Wildlife: The property is not within any mapped wildlife habitat area, and is part of an existing, developed subdivision. Development shall be prohibited in the riparian area along the Crystal River. In 1989, Kevin Wright recommended that all dogs be kenneled or fenced, and that fencing shall be 42" in height. Geologic: The property contains a band of slopes in excess of 30 percent that cuts through the middle of the parcel. The Applicant is proposing no development across this slope. Floodplain: The proposed building envelope and subsequent development completely avoids the 100 year floodplain of the Crystal River. OOQO"6 Setbacks: The Applicant has requested a setback variance as part of this application however a variance cannot be approved as part of the 1041 Hazazd Review. It will be noted in the Determination that the Applicant will be required to obtain a variance from the Board of Adjustment for any type of development in the standard setbacks for this zone district. The relevant setbacks for this parcel size area 30 foot front yard setback and a 20 foot side yard setback. RECOMMENDATION: Staff recommends that the Hearing Officer approve the Becker 1041 Hazard Review subject to the conditions in the attached Hearing Officer Determination. 000047 _ i i June 23, 2002 Ezra Louthis, Planner Pitkin County Community Development Department Building-Planning-Zoning 130 S. Galena Aspen, CO 81611 Re: Becker 1041 Review and Conceptual Submission Applicant: Nancy L. Becker Pronerty location: Tract 32, Lower Sewell Tracts Dear Ezra, Enclosed is Application for the 1041 Hazard Review and Conceptual Submission for my property, located at 293 N. Bill Creek Road, Cazbondale, CO 81623. The intent of the application is to establish a building envelope that satisfactorily avoids the 1041 hazazds, and to outline a concept for a replacement dwelling. As requested in the Pre-Application Conference Summary dated June 3, 2003, I have included responses to the Code Sections that aze listed in the Summary: Section 9-110-052(dl Exemption for Replacement Unit: I am seeking an exemption for a replacement unit on the property. At this time, there is a 32-year-old mobile home situated on the property, which needs to be replaced. I am seeking a variance as part of the 1041 review to accommodate the hazdship of the slope on the western boundary of the property. As you explained to me in our conference of June 3`°, development is prohibited on slopes that exceed 30%. The slope on the western boundary of my property is 40%, which significantly reduces the building envelope that is available. I am, therefore, seeking relief from the setback requirements on the eastern boundary. As the Site Plan indicates, I am asking fora 10-foot setback from the top of the irrigation ditch on the eastern boundary. If this 10-foot setback is allowed, the location of a replacement unit would still be approximately 35-40 feet from the edge of North Bill Creek Road, due to the existence a small strip of land between Tract 32 and North Bill Creek Road and also due to the irrigation ditch. The approximate location of a replacement unit is the azea that the mobile home currently occupies. I am unable to build on the north section of property due to existence of the septic system. (Said system was engineered by Schmueser & Associates and approved by Aspen/Pitkin Environmental Health, Permit #83050.) The squaze footage of a replacement unit would be well below the limit of 5,750 sq. ft. that you mentioned in our Pre-Application Conference. I don't plan to begin the building process right away, but would hope to bring a building plan to the County within the 3-yeaz vesting period after approval of the 1041 review. U~Qg Page 2 Ezra Louthis Becker 1041 Section 3-80-40. Flood lain: Building envelope is well away from the Crystal River corridor. The western edge of the proposed building envelope is located on level ground at the top of the slope that drops down to the river. Section 3-80-50, Geolo ig c (Slopes): The western section of the property consists of a steep slope (40%) down to the Crystal River. The slope is entirely excluded from the proposed building envelope. Section 3-80-70, Wildfire Hazazd: The property is mapped as Low Wildfire. I understand that the use of woodshake shingles is prohibited. Section 3-80-80, Wildlife (Riparianl: Attached is a letter from Kevin Wright of the Division of Wildlife, dated July 19, 1989. Kevin's opinion is that use of the property for a single family home would have no impact on wildlife. With reference to Section 8 of the Pre-Application Conference Summary, all requested information is attached. Thank you for your consideration. Below is my contact information. I must return to Santa Bazbaza for a job interview, but will be in touch with you regazding the status of my Application, and/or to see if there is anything further you require to proceed I will be at the phone number below as of June 25a'. Also, I would be happy to respond to your email sent to me at the address below. 414 Magna Vista Santa Bazbaza, CA 93110 Phone: (805) 964-2984 Email: nancyb@silcom.com Sincerely, Nancy L. Becker 000009 STATE OF COLORADO Roy Romer, Governor DEPARTMENT OF NATURAL RESOURCES DIVISION OF WILDLIFE AN EQUAL OPPORTUNITY EMPLOYER Perry 0. Olson, Director 6060 Broadway Denver, Colorado 80216 Telephone: (303)297-1192 July 19, 1989 Buddy Lucero Pitkin County Planning Dept. 130 So. Galena Aspen, CO 81611 RE: O'Meara Property Dear Buddy: I inspected the 1.3 acre parcel located near the BRB in Pitkin County. This parcel has an existing single family home on it. RFFER TO: Use of this property for a single family home would have no impact on wildlife. We would recommend all dogs be confined in fenced ,enclosure or kennel. All fences shall be constructed not to exceed 42" in height. Thank you for the opportunity to comment. Sincer ly, /'l""" Z ~~/f Kevin Wright District Wildlife Manager Carbondale KW/imp QOQO1~ DEPARTMENT OF NATURAL RESOURCES, Hamlet J. Barry, Executive Director D LIFE COMMISSION, George Van DenBerg, Chairman . Robert L Freitlenberger, Vice Chairman . William R. Hegbe rg, Secretary W. Cooper. Member . Rebecca L. Frank Member . Dennis Luttrell, Member . Gene B. Peterson, Member . Larry M. Wright, Member PITKIN COUNTY • ~~ ` ~~ PRE-APPLICATION CONFERENCE SUMMARY i- DATE: June 3.2003 PROJECT: Becker 1041 Review and Conceptual Submission LOCATION: Tract 32, Lower Sewell APPLICANT: Nancy Becker Tel: 963-4955 PLANNER: Ezra Louthis Tel: 920-5092 1. Type of Application: Becker 1041 Hazard Review and Conceptual Submission 2. Description of Project/Development: Applicant proposes to establish a building envelope for a new residence. There is an existing residence on the property. 3. Areas in which the Applicant is requested to respond, types of reports: • Section 9-110-052(d), Exemption for Replacement Unit • Section 3-80, 1041 Hazard Review - 3-80-40 Floodplain - 3-80-50 Geologic (Slopes) - 3-80-70 Wildfire (Mapped as Low Wildfire) - 3-80-80 Wildlife (Riparian) 4. Review is before: Hearing Officer 5. Public Hearing: Yes, at Hearing Officer. The applicant shall post a public notice sign on the property at least 15 days prior to the hearing and shall mail notice to all adjacent property owners at least 30 prior to the hearing with the return address of the Community Development Department (copy of the notice to be obtained from the Community Development Department). The names and addresses shall be those on the current tax records of Pitkin County as they appear no more than 60 days prior to the date of the public hearing. 6. Will be referred to: Crystal River Caucus, Carbondale Fire District. 7. What fees was the applicant requested to submit (new fees were implemented 1/27/03): - Planning Office $2,100 Flat Fee (Non-refundable, based on 10 hrs of staff time) - Public Notice Fee $25 - oral Fee at Submittal $2,125 - If the staff time for this application exceeds 12 hrs, [he Applicant will be charged at $210 per hour beyond 12 hrs. - Fees for Hearing Officer at $135/hr. - Entire Application is required to be submitted digitally (acceptable formats are: .txt, .doc, .wpd, .rtf, .jpeg, .pdf) 8. To apply, submit four (4) copies of the following information, unless otherwise noted (please use double sided copying when possible): • Letter of request describing project and addressing Code Sections listed above; • 24" X 36" folded Site Plans (please see attached site plan requirements); • Documentation of how/when parcel was created (I copy); • Documentation that existing structure was legally created (1 copy); • Documentation or Chain of Title/Proof of ownership (from a title company or attorney licensed in the State of Colorado) including legal description (I copy); ~ • Agreement for payment form (1 copy); • A list of adjacent property owners and mineral estate owners (1 copy); • Total deposit for review of the application; • Copy of this pre-application form (1 copy); PLEASE NOTE: This pre-dpplication conference summary is advisory in nature and not binding on the County. The information provided in this summary is based on current inning standards and staff's interpretations based upon representations of the applicant. Additional tnfornration nrcrv be required upon complete review gjthe application. 000011 Becker 1041 Review and Conceptual Submission Tract 32, Lower Sewell Tracts DOCUMENTATION OF CHAIN OF TITLE/PROOF OF OWNERSHII' 1. Copy of title insurance policy prepared by Stewart Title, dated August I5, 1989. Insured: Thomas R. Becker and Nancy L. Becker. Updating information to the above title policy: 1. Copy of Release of Mortgage (Reception #376559, Book 767 Page 579) dated April 30, 1993. This instrument released the Mortgage referred to in above-mentioned title policy, Schedule B, Item 21. 2. Quitclaim Deed (Reception #483566) dated June 3, 2003. This instrument transferred ownership to Nancy L. Becker. Copy of "2003 Real Property Notice of Valuation" from the Pitkin County Assessor dated May 1, 2003. (Note: Copy of "Property Record Card" from the Assessor's Office dated June 18, 2002, shows that the Property Owner has been updated to Nancy L. Becker.) 00~~1~ I11 Cb S C N T; D^ L, fi A Oz2D:]R &'G.: GGG15$~6 F6LICY NO.: Q-°o4~¢35SOa JaT3 :;)T POLICY: ~LC~ust 15, 1983 dt ~;1$ N,Pi. Ap:Q:JN^' C:F iSU'S:;RAPiCE: S SG,5G4,G0 ' 1. NA9'i5 Oo IN9UxZE2;: :';:6M,AS R. BcCifF,R ki~D NA!¢CY I,. i9ECt;ER 2. '1'(l~ FiS't`aTl; iTR TNT^12a9T 3V ~`f:k'i :.AA'D iaipICe3 IS COVBftina'T SW' 1'r1I5 ?GLIZY IS: 3. '!`*T2+H '1'O THL' ~'3'i•ATE OR INTEREST i?d THE LA~1'D I4 v£S'!'F.:O ;A~`: T[i~7C•1;35 R. DICKER ANQ NANCY L. EECKS.A 4. 1•li: L~NCJ F:E~'>;RRup '1'O ai\ T8I8 20_T,rCY 19 DESCR7AED .y3 0L1,0Y+S; 9EE PRO°SRT° DESC$IPTIOk ATTAR.&HD HERE'l0 AND HA'178 A PART T&$REDP Stewart _Tt16: of Aspea, Iaa¢, 602 ~. 8ymez A~peit, Cp 31611 303-925-3577 C'Uiih•:'i;R a,,nC{[UArT~`IIRE ,~ 99C 1600M 10~f61 O ~ u~ ~ v 5'1'k:y1'ART TI'TLIz RVA RAfOTY C(IJIrAYY G• SCHEOIJLE ~iZP0.4 CONTINLJATiON SHEET ° Ortlar Number: 16856 ESHIBIY "A^ Commitment Number. A tract of land situated in the NEL/4NW114 and NW1/4NE1/4 of Section 34, Township B SOUth, Ratlgre 88 West of the 6th P.M., Pitkin Courttp, Colorado, lying Easterly of the center line of the Crystal River, described as follo*as: Beginni.nq at a point whence an iron pest with a brass cap properly marked for the center of said Section 34 bears 5. 06°05'37" W. 1816.06 feet: thence S. 66°10'00" W. 122.41 feet; thence N. 72°16'00° W. 133.39 feet to a point in the center of said river; thence N. 09°10'00" E. 165.68 feet along center litte o£ said river; thence N. 25°11'00" W. 130.54 feet along center line of said river; thence S. 73°51'00" E. 255.30 feat; thence S. 11°31'00" W. 90.09 feet; thence S. 19°26'12" E. 120.12 feet to the paint of beginning. Together with access frost Colorado State Highway 133 over and across existing easements and rights of way. County of Pitkin, State of Colorado. Page 0055 fe°M X551 ODUU14 "F; G YPµiP.. ~ ; r ..~ STEk'ART TITLE O oARANtY aOM PANY 4 S C H E D U L E g PCI.ICzt NO, : O-59:,].~.6~03 Tf'!IS i'07,LCY uOES D!OT I.iSURE AG,'1.LN6T LJ3S OR UA.hL9GF (AKrD TeiE CO*?E'~~NY BILL C,iOT PAY COSTS. AT^tORI!!EXS` FEE'S OR E;ipb'AYSZS. WxiIC3 .":,RISE 3Y F.vASOii OG: 3. R'CGT3T5 O!t CLAI.;S OF' YARsYLB IN POSSE;SSIO?~ ldGT SHOWN IIY TEiE PGBi,IC 12~C0dDS. ?• 'A3EMEAITS. OR CLaTYS Ox 6ASEMENI's, NOT S$OWti RY Th'F. kCP_,TC RGCOR95. :. uS3CfZE1'ANC2ES, CONQLICTS a°J DOL'~~iUAkY LINKS, SFiOk`TAGP' 1'DI ?~=.a2, EA'CROs'LCLiML•`NTS. AfD ieIv'l FACTS P7HICn A CORRECT 5GR\'E'.~ AND IlSPECTIOE 6[' TIME PHF;M13E5 WOULiI DISCL09E aDlt Y:Z.'CB ~.e`tE NOT SFiOTNN SY 'SHa P!i&I.IC ncCORD9. 4. iNY LS~'N, JR RIGB'P TO A LIi:N, FOR SERVICES, LAJ$'JR OK ~i~.Tfi'RYAL iiERET020RE OA HERI3AFTrR J?iJR~vIS[?ED; IN.PC~4ED 81 La,w nND NOT 8I?OW:v '3Y TT3}s FUBLIC RECORDS. 5. LJvpATENS.B+I. MINILVG CLAIMS! f4P.'PER cc^.IG}I'1S, CIcAIb]S OR 1'ITiiti' TO WATER. 6. ANY .1NL ALL i7S;PA:U TA3!ES A?~TD ASSESSMEUT3 71VD ANY L'NREDESMSD T_A:{ 5.4LES. ~• T'EE EL•'CAECT OF INCLgSION6 T_N AAiY GEi7ERAL O.°• S1aEC1FIC WATE? CUN6::RV;]A'C: , °IR6 PP•CTECTIOIV, SOIL CONSERC%ATIO.W OR OT:iF.l2 DiSTkYC'P UR ~NCLUS:CIE9 IIQ ANY.F:A'PE?, sERVICJs 0^n STREET Liir'RCVFIMENT AREZ• S. Ra.ght of way for ditchras ur Canals cottstracted :,y the auL•hor:t~ af. the Onited States, as ;°eserved itt Uttited 3ta•tee pstant. recori!~*d Sr~Ptsmber '! 0, ]..52 in 3ooJc 380 at ;gage X39 ay ft~:Ceit.ic,n No. Se544S.~ 9• Ai3 uranium, thoriuz9 or a?fy matr~r:~ai w: ic!] z4 or may l.e detorz;irr°rI tp he pecuiiary e9sential to i;.hs prcduatl;pn of £isionablo materials, whether or nat o.~, coemarrr~.cei ca1uE, toge~hhNr frith the r].ght. of thr* United Status throug!~ i±'~ Euthorizoa agents er renresentativos at xgny w~ime to erte: spoil tho land, Co J?roapec't fcr and remove ti:e same ass reserved :iz CJ, i.t2r} 8t,atcs Rata::t recorc®d Se$Lmmbr~r i0. T952 in Boot; 186 at inac© 49 rda RFt:rht~on D~a, y95~4. 1U. Rinht of way- for dito;~P3 or ca'.,&ls' cvnstri:.vtad by the: &uthvrity c.f. the Cnited 5tatae, ae reserved in united states Patent recorded :Jvvcmbsr ley, 1Sli in Book 55 at Page 19~ as Receptor, A'o. 75011. continued on next .sago BBC 16EOM ~OS91 STL'WA12T'p'YTLE D4ARwpTT CO,erART irv. coo r.~ .. .~;i?,~i: ~?ED TC .MD hiaDE tl PAY.T DF 5:E5d',?T T1T1,~' C.UIuZ~uT~'' CDMP~~tY PGI.ICY NO.: D-5941=i55C03 ^DWT.E~JL~.'~".`FDN 05' 9Cfi,~DU:,F: B li. Rosemont and sight of u3y for Public 3errice electr,c 'transmission :in¢s as d5.aclosed by docvmr~nt reeorde:l!+larch 23. 198D i.n 3ook 19J at Page 194 as Reception No. 1iI943J, in which the .•peei2::c loctation of easement is not de£inod. 12. easement ahd rig::t c£ way far an undargrovnd Baxter transmission a il]P .3R 4rantry6 to :1'IE Town of Ca.rooydal~ by R. O. Sswcll and ~Fe13ie 8ewe11 in the instrum®nt recordeE rlaruh 5. 1464 in 3ook :.'Q6 at Pa!~e 162 as Reception Na. 1372dd, affecting the °.olloairg dmucri'"ed property: 7`hc W J.f2 h8 1/s of Section 34, ?ownship 8 south, ?ang¢ 89 Wee'; of the 6th P.M. r.3. rasem,xnt and rieJirt of way nor cvmunicatioa 'Lhc>::rvun•tai.n $t3tes Telephone and 1'el,egraph xewall in t::e instrument. r¢corded July 23, ?sge 324 as ?~scoptiot^, No. 13626~e, ai~fECtirg dcscribn;i propertl•: '3ac•tion 34, Tewnshi p v line ag granted to Company by R. U. 19C:9 i.n cook 242 at the fo1 i.owing South, mango k.3 west 1 'lrrms, conditions, obliyatione and aaserment For cell and pipklS.n+e as shover, oa survey and ir. warranty Died r.eco.rdred October 15, 197a an Soak 292 at Pagrs 223, as 2eception nio. 174653- l5. :~ :2S :'.aot road easeT,ent as discloead by dead reeerded October 15, 1874 in t3ook 292 at k~age 221 as Rsce,ptian too. 170652, ire r.hic:l the specific iccatior. is not defined. 1G. Re:+trictiva Covenants common to tracts c7? larsd know as thr) p. U, 9ewrall Bracts a>q di.selosed by document raevrded .Fanuary 29, 1575 in 3ovk 29~i at page 915 as 4ec¢ption Ho. 172SD8. l7. r:.aa'emert and riyt•Jt of way for •t9e following di.~zches r.nscfar as they may af:ryci: Subject propex•tk: ^sast i3ea-,a Ditch ens 3ain Tilr,'has catch. 1S. This policy dogs not insure title to land eoslprasing t,§e snvre:s +.r .+ottotrr of rivers a:t$ is et;l>jeet to any build up or less of prvpert: along 2'he Crpst;,l Rives caumed by the gracesses c? acoretio;: and relio1;ton, or causEd by ,-„~,;: madF changes irr the fiJaw o! avatar or in the coursr. o.', 'Cho river bank or r,~ro; c}:~nr~1; also scb;ecr; ;,o the freE and unabsL•ructrd =1oa nx t;:r aa~cr o~ saidrirer. r a. Tci-ma, co.,ditionsr oblie3a'L•5,crs an3 provision,: of amended Sy-Laos o£ Cr}-stal Dakes NrirzgN Association formsrlk Ranch Aoneoscners Assacistian recorded :~avember 3g. 19?S in Boak 358 at Page 8;7 Continn,yU on next pagr? 96C 16GOM 7 ogB1 O O O~ 3 6 ~'1'E~•ART TITLE OVARANTY pOAPA1rY 1 .. ~`t'~'ACCC~D Tq AirD b•1ADL•' A 1~~1R'£ OF S'.l'PW:,t;'p i ~TLE GG~1HZhTTY =DMPA~~Y '2^I.2CY \10.: 0-993? 45540 C0~?' NtiATION c~ S'CE~DULI; n as i:ecapticn ;VO. 209!50Fl. 264 P.6 eri • T~eYi'l~e.. conditior!s an$ obligations as set forth in Odell 4wntir. ai?? an~I ::+iuintrnsnce ~5:Eemant recorded :9ugust 15. i°A9 in voo;t .539 al. Fete Goy as Racertl.or. 1a. ;1-E19?. 11. M1192'Y.gvGj4 Oaed from F,i red rlar}: G'Altl~,y ~lt+ ~:L+'V'OX O~ SE 2'i y1i~1)A.^..i !'9ns;b~ryer and Yauia c . l~iosbarger i n Lhe amount o>t 545.00. pp rnco<ded aurzl 29. 1983 in f3oaic 4-#S ar i'agN JO~r as REeep^,.iott 10. 3.i85O'J. ~iUTEI A6suiBA.tiOn ?.c7.-ecroettt recorded August ice. 1988 til~ Aook 594 at L7zc;e 663 as 4ao?~tion A'r.. 314193. 99C (GOON 10-091 0 O V O 2 7 ~TEWART TITLE O4AMA.YTY CCY DAXY REC DOC 376559 B-767 P-579 11/21/94 01:49P PG 1 OF 1 5.00 ., .-.,,,.Irv ri rwu. R RECORDER :iLLV LH LHV 1a RELEASE OF MORTGAGE Apri13 p , 1993 '(a~sy s Datc Alfred Mark O'Meara Mortgagor (Borrower) Earl Michael Mosbarger and Paula R. Mortgagee (Lender) Mosbarger April 29, 1983 Datc of Mortgage April 29 1983 Datc Mortgage Recorded Pitkin County in which Mortgage Recorded 249814 Reception and/or Film Nos. of Rccar<ling a,rq+ir. w. r,~ w. 444 304 Oook and Pagc of Recording s~ w. rye n.,. with all improvements, easements, ditches, water rights, appurtenances and privileges rtow or }tereafter belonging to, used upon or in connection therewithy WHEREAS the Mortgagorconveycd certain real property to the Mortgagee as described in the Mortgage Deed to secure lire payment of a certain Promissory Note together with interest and all charges thereon as described in said Mortgage Dccd and Note; and WHEREAS the Note has bcen fully paid and satisfied together with all interest and charges thereon according to its tenor, NOW, THEREFORE, in considcmtion of the premises and the payment as provided in said Moto, the receipt and sufficiency of which are hereby acknowledged, the undersigned, being the current holder of the Note ahd Mortgage, does hereby remise, release and forever quitclaim unto the present owner or owners of said real property, his heirs, successors and assigns forever, all o(the right, title and interest which the undersigned has by virtue of the above described Mortgage Decd in and to the real eslatc, more particularly described as follows, to-wit: A tract of land situated in the NErZNW~b and NW;sNP}b of Section 34, T. 8 S., R. 88 W., 6th P.M., lying Easterly of the center lice of the Crystal River, described as follows: Beginning at a point whence an iron post with a brass cap properly marked for the center of said Section 34 bears S. 06°05'37" W. 1816.06 feet; thence S. 66°1000" W: 122.11 feet; thence N. 72°16'00" W.--132.39-£aot t:o a point in the center of said river; thence N. 09°10'00" E. 165.68 feet along center line of said river; thence N. 25°11'00" W. 130.54 feet along the center line of said river; thence S. 73°51'00" E. 255.30 feet; thence S. 11°31'00" W. 90.09 feet; thence S. 19°26'12" E. 120.12 feet to the point of beginning. Together with access from Colorado State Highway 133 over aad across existing easements and rights of way, and all improvements situate thereon including, but without warranty the water well situate thereon and water therefrom, which has an address of 0293 N Eill Creek Road -Carbondale CO 81623 TO HAVE AND TO HOLD THE SAME, togctlur with all and singular the privileges and appurtenances thcrwnto . belonging forever. ey this Rdeax,the said Mortgage Decd is to tx considered fully and absolutely released, cancelled, and forever discharged. State of Colorado ) County of Garfield) sa. n .4 ..Y^r~"._.." .. .~ v y0 ., On Witness My Har~~¢ d ~ ~ -~•~ ~ . ~ ti {{'Pie foreggoing instrut7unt was acknowledged before me on Ylviil3u . 1993 (date) byy Earl Michael MoabarAer and Paula R. Moabarger. 5-`~'q'~ Date Commission Expires IVs WA. Ra.1-/6. aorlwttor sattrc~ca m artlfmA hI°Ikhb,, tl~l Weree 4 , Ikmer, rYr MM3 -~ I W!) 797 r!M -1 br9 ~g IIIIII VIII IIIIII IIIIII III IIIIII IIIIII III VIII IIII IIII 0 680 5660ea : sEF QUITCLAIM DEED THLS DEED, dated between 'THOMAS R. BECKER of the Colorado, grantor(s), and 'County of P 1 T K I N and State of iJA~ CY L. BECKER whose legal address is 02q 3 No R.T li BILL G Rfi E K Ro q p cgRBoN DgLE, Co 81623 of the Comity of ? I T K I N and State of Colorado, grantee(s), WITNESS, that the gtantor(A, for and in consideradon of the sum of TEN DOLLARS, the receipt and su[ficiency of which is hereby acknowledged, bag remised, released, sold and QUITCI-AIMBD, and by these preserus do E 5 remise, release, sell and QUITCLAIM unto the grantee(sq, HER heirs, successors and assigns forever, all the right, title, interest, claim and demand which the grantor(Y) ha S in a~ to the real property, together with improvements, if any, situate, lying and being in the County of P I T K I N and State of Colorado, described as follows: p TRACT OF LAND SITVq T6D IN THE NEs~r}NW Yy ANO Nwy4 NEy4 of SECTION 54, Tow NSMIP $ SOUTHr RRNGE SS `NEST OF THE (aTN RM.r DITKIN Cou NTYI Co LORADO. LYING EASTERLY of THE CENTHR. LINE OF THE GKY STAL RIVER, DE SCRIBED AS Fo L Lows BEGINNING Ar q POINT WHENCE AN IRON Dosr WITH q BRASS CAP PROPERLY mARKEt FoR THE CENTER eF sAID sECrIeN 34 BEARS S ob°ob'37'/ W 1grb.Db FEET' THENCE CJ b(~°10'00° W 122.41 FEET] THENCE N 72°16'00° W 192.39 FEET TO q POINT IN THE CEN TER of SAID R1.1C R'THEN CE N 09°lo'ooaE 165.6$ FEET Ato NEr CENTER LINE of SRID RIV ERj THENCE N 2$•11'00° W 130. $~• FEET gLONW CENTER. LINE OF SAID RIVER] THENCE $ -13°$I'o0° E 255. 3o FEET] THENCE S 11031'00° W go.oy FEET; THENCE $ lq°26'12" E 120.12 FEET To THE POINT of BEGINNING./ gLSD KNOWN AS 0293 NORTH BILL CREEK RcAO, CARgoNDALE, Co LO RA DO, $1628] roGE TH ER WITH ACCESS fReM Ge LO RADO STATE H16H WAY 133 oV GR AND Ac Ro S$ EXISTIN4 EASEMENTS AND RI6NT 5-o F- WwYj AND TDOETHER WITH AND 4OITGLAIMIND, WITHOUT WARRANTY, AN UN DIW DED ONE-HALf ~1't~ INTEREST IN THE WATER RIGN YS IN THE WATER WELL Lo CATfD ON T{E A9oVE ~' DE SC RI [iED PRO PERrY SU BCE cT To TµE g6REE MENT FOR WATER WELL ow NER,SµIP AND MAW TENANCEI AS RECD ROE D/ also known by street and number as: 0293 NORTH GILL CREEK ROAD, CAR BoN DALE, Go 8(623 assessor's schedule m pastel number: R o 07 6 3 y- TO HAVE AND TO HOLD the same, mgether with aLL and singWm~ the appurtenances and privileges tbereunm belonging, or vl anywise thereunto aPprrta!e~g, and all the estate, right, title, interest and claim whatsoever of the gtarttor(7Ij, eitber in law or equity, to the only Proper use, benefit and behoof of the gantee(a) HER heirs and assigns forever. IN WIT/NI'.SS WHF.RF.OF. the grmtm{t) has executed tltis deed on the date set forth above. Insert "City aril" whore appBrahle. N0. e933. Rev. a9I. Q[RTC7.Mtf D® __ ~ BradCaA Pubhsho.g, 1743 Ware SL, Denver, Lb 8[1202 - 3m 241- 'v9 ( ) 2500 - vmalatlfonlpubashingsom - ePOIm 000019 I IIIIII VIII IIIIII IIIIII III IIIIII IIIIII III VIII IIII IIII 880 566 03: SBF 00 D 0.00 STATE OF CDIARADO ss- Coumyof ~-~~~ The foregoing instrument was aclmowledged before me this ~ r day of ~U N °~ ,200.3 , by~e~mgs /~.. ~Kert • -'• .~/~ \ Witness my hand am official seal. My commission expires: J 2 -O/ - app LYNDEE R. D6p.N :? o ;o .,: ~ ~e~ F OF~CC~'D Ndacy PaNe Name and Addmae ofPnsoo Oretlmg Newly C[eetrd ]egal IksaiPUm (g36-35-1063, CRS.) No. e933. Page 2 00(1U~0 Pi[kin County Assessor 506 E. Main, Ste 202 Aspen, CO 81611 Phone:970-920-5160 • Fax: 970-920-5174 11158 2003 REAL PROP NOTICE OF VALUATION TNIS IS NOT A TAX BILL 10:00 a.m. to 3:00 p.m. DATE: 05/01/2003 SCHEDULE NUMBER TAX YEAR TAX AREA CODE PROPERTY DESCRIPTION (MAY NOT BE COMPLETE) R007634 2003 018 246334102004 P D r BECKER THOMAS R ~ SUB:LOWER SEWELL TRACTS LOT:32 SECT,TWN E e BECKER NANCY L ,RNG:34-8-88 DESC: TRACT OF LAND IN NE4 R R 293 N BILL CREEK RD NW4 & NW4NE4 OF SEC 34-8-88 LYING ELY O it r ' CARBONDALE CO 81623 F THE CENTER LINE OF CRYSTAL RIVER DESC TYPE OF PROPERTY ~ PRIOR YEAR ACTUAL VALUE CURRENT YEAR ACIUAL VALUE .Oq-CHANCE RESIDENTIAL 159000 184200 25200 1 159000 184200 25200 LAND SIZE t Of BUILDINGS ON FILE BUILDING i1 CHARACTERISTICS DISPLAYW PLEASE REFER TO THE BACK OF THIS FORM FOR INFORMATION CONCERNING THE VALUATION OF YOUR PROPERTY. `'-YOU MAY ELECT TO COMPLETE THE BACK OF TNIS FORM TO PROTEST YOUR PROPERTY VALUATION OR THE CLASSIFI TION. DATE: 05/01/2003 SCHEDULE NUMBER TAX YEAR TAX AREA CODE PROPERTY DESCBIPTIDN (MAY NOT BE COMPLETE) R007634 2003 018 246334102004 BECKER THOMAS R SUB:LOWER SEWELL TRACTS LOT:32 SECT TWN P D BECKER NANCY L , ,RNG:34-8-88 DESC: TRACT OF LAND IN NE4 D 293 N BILL CREEK RD NW4 & NW4NE4 OF SEC 34-8-88 LYING ELY O e x E CARBONDALE CO 81623 F THE CENTER LINE OF CRYSTAL RIVER DESC R R T Y TYPE OF PROPERTY PRIOR YEAR ACTUAL YpLUE CURRENT YEAR ACTUAL VALUE FOR-CHANGE RESIDENTIAL 159000 184200 25200 ~ ~ 159000 184200 25200 LAND SIZE • Of BUILDINGS ON FlLE BUILDING t1 CHAIUCTERISTICS DISPLAYED C H A PR RC OT PE ER RI T S (~ YC 004021 S NOVR ROO3 FFF CNFCeF mnc ene enmmnr ~...... -. . Becker 1041 Review and Conceptual Submission Tract 32, Lower Sewell Tracts DOCUMENTATION OF HOW/WHEN PARCEL WAS CREATED 1. In consultation with the Pitkin County Assessor's Office, Applicant acquired a copy of a portion of the original survey drawing for the Lower Sewell tracts, dated 1966. The entire document is too fragile to copy. However, the original document in its entirety is on file with the Assessor. The attached copy shows the identification section of the "Map of Robert Sewell Property". 2. Also attached is a copy of the portion ofabove-mentioned survey that shows Tract 32 and its adjacent tracts. 000022 > ~ ~~ 1. \\1I y ~ ~ .4~i ~ J ~ ~ ~f ) , ,Y t41 ~~ Q~ a~ ! ~ IV t /1 ~ ,f4 J' t , r 4. I ~ ~~ ~i ~ _lY. \~ ~ ~ 1'', ry f YJ '~ 11x i 1 . L _ _..___ _ -,y` • ~ . , i _ ~ C r~ y <. r . -3 1! T ~'...~a'~." '~':t ~:.T..'r.. ~: _ ^ r. O .~ ~.J !' a a a a - r a e ti t :~~~ ~~ y. r, ~i :`. ~` C~ ~:~ ~ •~ °~ ..t a o r ~.. a :-:-. - - - r ,r., 0 4 w Y ~ ~ a a a o6 y ~~ A ° ~ ", a ^' a ~~ ~w ~u o ^t ~ x ~ y S ~ ~ y 4y ~ ~~ ~y~ W 'A a °~ oy `~ h~ C~ ~~ ~ \ Il '`VVV ~' ~~~~ ~.w. d ~_,_ i -... 3 \> , >l t ~~ .. ' 1 ~. , ~ ~L.. _ 3~~a8 i ~ ~ . ~ '" . _. _ .._ _ _ Q~. '~ b S ~ r .'". ^+ " J , '-~ i . ~ „-.. ti _~ .' A u, I 1 ~' -' i ~ 1 i R ~ R ' r, • \ 1~ h +~ f \ •`~ 1 !i ~ ~ d /~ ` ~ . ~ i ! O ~(U . r~~ W i1i V lv . A~' ~, ~ ('. W ~'ta ?J ! 4 '~ W p ,u+, I i~~ I~ r~ C1 ~ i 1} n ~+ ~~ f`~ -~° • ~~ U __. !` MgyY-13-?2 MOFI 13:43 :~~{. ~f~. l'~y~"'R fu ( : l ~l i ~ °^ i ''~ i 4 " lt~ ~ ~ n?T`7.""~,°°`..j -" -~. ~~~ ~r.KP. X32 .t I 1 '~~ "~ ~/ -~v:,~Pj ~' ~'.1 'l ..] r~ ~ .~•.) ~ J,t.. ~~i ~l r.'f;~4~w. 'l\` , I ~. 1 ~~%. '. 1 Q~ ~ say 41 .f 2/776' ~~ y '. / ~ I I N 1 .. I ` ~~ t ~L+ ~ ~ ' ~',~a ~ \ / 88 ~~ E 3x, O.OR ~ ~~ , A~.~~ ,~:. ~. .'~~ j ~ I _ I ~•IJ: ~~ i 1 ~.. {~, ~ I ~ ~. ~~ TRACT 33 ( I I 5s0 /e [. \,l~ I ,/ T.PAi.Y f3 ~ I $ ~, 3 /.zz A~ t I 1 .~/ T9.,,= r 0 4. /sz "Aa `1J~ 13 i4 \\ t-~ //~(r I I g ache ~ I~ Z -.Oq~ n .'n III I~ ,I ~'.~ ,. .fir, :.,-,' - .i~r~ ¢~~~,~ r. ' `\ ~ ~VIi ,Jd I ~~ ~ JT17J :'row 1.'Ir. N09~A~8~L`' 61~ p ' ~' \\\ ~~v 6 \ I I ~ "' , ~ I a s'vr /mss 1~ f I. ---,-~---_ .~._... ' ~~ ~ `~ I IN 73 ~~ g'bJ ' ( f ~ ti , I I 1 a/6-6e.-3o'E o p~ .`` ~ I FW I su-°3/w' t ?f -:'• ,:RA.CT /z \'t' ~ . ~~' 1; 1 ~ I ??.q l ,gyp 0 '99/Ac.r ! ! i ' ' . ¢o !o' ' o 1 IWI ' ~ y J~l , .. '>NV.~,sa. sd w i to ~ /~D, , , ~ ~~ h ; ~ i ~~ I N I , ~i ~~ ~ ,,.:. I 7 RA CT ~, II ~b ~~ ~ ~ TRAc~ ~32 ~ ~ I'' ' j:p~;7 Ac= ~ ~~ 1 ,v, . ilk ~ ~ ~ , ~ ,90 ~~ t ~ ~ ~i~ ~ t V.~,4 ~ Aj i 2.~bw, gb ,~ ,il ,34 // " ~ i J32.3~. ly; fl NCT•SOE Y4'1.?6 _.... V~1 . ` . ~( :W~ III J I / •, t /,,_ V f IO ~3'r• JO d, ~ w l j v I I '7~.9CT.3/ ,' ~I .. /0 47'.:. J ~ c .h 1 I A t '.~ DL FIZ ~ I 1 /4.4.77'. ~ !. M i, ~ I I !U'/o ~ y: 'm~.lnui~'E". :I I /.O q , '1 .`~ ~ ~ ; I: ~I ~' "~T, ~ INdo`: oz's ' ~ ,e62. TB~' •q ~ ~~ G ~v ~ ~. ~ I rlC/7CT ~,,;~Q ~ `~~/ •, 1R 22' ' ~ ~ 1: y ~, j~ TRACT ' ,4 ' //-I •~~ ~ ,tib, ` ,. o. 69.a. ,vim t . ro r I ~~ o ~ ), ~ ~~,°`/,~s.¢er' ~yrt ° L' ~.. i ~.. ~ 7 69'=' d ~ f~ JU6~7/ r .. I j~ ~l~l fIl I 11 , ., ~~\ ~ I oRb~ ~ ' 1, ~ ,,,1 " ~ tl ++ v1 ~ 'h'oNF..uN ~L,'I! ~ J ..:~.,, --o-_ / 2~d~haf `, _ - . ~ ~ '. ` ~ I J •'' p r .. ` ! ' r ~ I/ ~~ ~i$y 4i 1 ,No9~A7f,. I r. d ~ .. r'. ~ " fir/ ~ 6 e. ~ 1~ i nt p '% !'/~~ 11 `~ 0r ~ I l s / "' ~~ l i , Q '. / `' a ~ ail" 0 1 , r~ Becker 1041 Review and Conceptual Submission Tract 32, Lower Sewell Tracts DOCUMENTATION THAT EXISTING STRUCTURE WAS LEGALLY CREATED Applicant acquired a copy of the Property Record Card (293 N. Bill Creek Rd., Cazbondale, CO 81623) from the Pitkin County Assessor's Office, which is attached. Cazd shows the mobile home was erected on the property in 1970. In conversation with Debbie in the Assessor's Office, Debbie indicated that, to her knowledge, no permit was required to erect the mobile home at that time. Attached is copy of letter from Holy Cross Electric Association dated August 2, 1989. Letter is addressed to Mazk O'Meara, who was the property owner of Tract 32 prior to Becker. The letter indicates that Holy Cross Electric energized the electric meter for Tract 32 on June 1, 1970. ODUO25 08/18/03 Pitkin County • Page: 1 02:53PM Property ecord Card for Account R007634 as of 08/10/2003 version 20030610001 293 N BILL CREEK RD ~ ~ ~ ~ -' C ' °'°Q'' "°°''Y 1pfp~ ompany: SRus Address: CARBONDALE Tax Area: 018 293 N BILL CREEK RD CO, 81623 Acres: 1.3 CARBONDALE 81623 VALUE SUMMARY LEGAL DESCRIPTION (May not l1e complete) Value By: MICA Override SUB:LOWER SEW ELL TRACTS LOT:32 LAND MFG HOUSE 170,000 0 SECT,TWN,RNG:34-8-88 DESC: TRACT OF _ XFOB 11,200 0 LAND IN NE4NW4 & NW4NE4 OF SEC 3,000 0 34-8-88 LYING ELY OF THE CENTER Total Value: 184,200 0 LINE OF CRYSTAL RIVER DESC BY M/8 SALES DATA Recept # Sala Date Deed Vll O/U Sale AdJ Sale Time Adj Sale TYPe Prate Ratio Price Ratio Price Ratlo 15-AUG-1989 29-APR-1983 WD I U 60,500 304.463 60,500 WD I U 304.463 60,500 304.463 56,000 328.929 56,000 328.929 56,000 328.929 LAND DATA LAND Occurtence 1 LAND_CODE ABSTRACT CODE 17353724 L SEWELL GR NEIGHBORHOOD 111009 LOWER SEWELL M & B _ LANDSIZE 1135 MANUFCTD. HOUSING -LAND USE_CODE 1000 RESIDENTIAL GAS 1.3 SO FT /ACRES ELECTRICITY 1 ELECTRICITY 1 GAS WELL_WATER 1 WELL WATER SUBCODE LAND L ACTUAL EFFECTNE HEATED FOOTPRINT TOTAL AREA: 1.000 1.000 VALUE RATE 170,000 170,000.00 EXTRA FEATURE DATA XFOB Occurrence 1 NEIGHBORHOOD ABSTRACT CODE 111009 LOWER SEW ELL M & B XFOB CODE 101 APPL T-10 _ BUILDING NO 1235 MANUFCTRD. HOUSING-IMPRV USE_CODE 1000 RESIDENTIAL _ DEP01 1 EFF_YEAR BLT EFF_YEAR_BLT 1975 EFF YEAR BLT 1975 YEAR-1975 - SUBCODE XFOB UNITS ACTUAL EFFECTIVE HEATED FOOTPRINT TOTAL AREA: 1.000 1.000 VALUE RATE 1,300 1,300.00 EXTRA FEATURE DATA NEIGHBORHOOD XFOB Occurrence 2 111009 LOWER SEWELL M & B XFOB CODE ABSTRACT CODE _ 1235 MANUFCTRD. HOUSING-IMPRV USE CODE 1202 SHED FAIR BUILDING_NO 1 EFF_YEAR BLT EFF YEAR BLT 1000 RESIDENTIAL DEP01 _ _ _ 1975 YEAR-1975 1975 EFF YEAR BLT - - SUBCODE XFOB UNITS ACTUAL EFFECTNE HEATED FOOTPRINT TOTAL AREA: 1.000 1.000 VALUE RATE 400 400.00 EXTRA FEATURE DATA NEIGHBORHOOD XFOB Occurrence 3 111009 LOWER SEWELL M & 8 XFOB CODE ABSTRACT_CODE _ 1235 MANUFCTRD. HOUSING-IMPRV USE CODE 1201 WDSTOVE 11 _ 1000 RESIDENTIAL OOUQ26 06/18/03 02:53PM Pitkin County • Property ecord Card for Account R007634 as of 06/10/2003 version 20030610001 Page: 2 BUILDING_NO DEP01 1 EFF_VEAR_BLT EFF_YEAR_BLT 1975 EFF YEAR BLT 1975 YEAR - 1975 - - SUBCODE XFOB UNITS ACTUAL EFFECTIVE HEATED FOOTPRINT TOTAL AREA: 1.000 1.000 VALUE RATE 1,300 1,300.00 BUILDING DATA NEIGHBORHOOD MFG_HOUSE Occurteneel USE CODE 111009 LOWER SEWELL M 8 B BUILDING TYPE 12350000 MAN HOU SING _ ACT_YEAR_BLT 1000 RESIDENTIAL ABSTRACT_CODE 1970 ACT YEAR BLT 1235 MANUFCTRD. HOUSING-IMP BATHS _ _ BEDROOMS 1 BATHS OBEDROOMS CONST_gUAL ARCH STYLE 4AVERAGE EFF YEAR BLT 3 SINGLE+ADD DEPO6 _ 1975 YEAR - 1975 EXTERIOR WALL1 1975 EFF YEAR_BL T INTERIOR_WALL7 25 BASE FLOORI 42 PRFIN MTL ROOF_STRUCTURE 1FLAT ROOF COVER 25 BASE FUTURES HEATING FUEL _ 5 FIXTURES HEATING_TYPE 5 METAL 3 FORCED AIR _ WALL_FIN 3 GAS ADJUSTMENTI 0 N/A 50 ADJUSTMENT 2 STORIES UNfiS 1 STORIES SHAPED 0 UNITS ROOMS 1ROOMS FRAME 1SHAPEO AIRCOND 1 NONE 2 WOOD 2X4 SUBCODE ADDITION -STICK BLT ACTUAL EFFECTIVE HEATED FOOTPRINT ENCLOSED PORCH 320.000 400.000 320.000 320 000 SINGLE WIDE 120.000 72 000 720 000 . TOTAL AREA; . 720.000 1 160 000 720.000 720.000 , . 1,192.000 VALUE RATE RATE 1,040.000 1,160.000 11,200 9.66 9.40 RATE 10 77 RATE . 9.66 Code Claselficatlon ABSTRACT SUMMARY Overtlde Overclde 1135 MANUFCTD HOUSING-LA Actual Value Aaseased Value Actual Value Asaeased Valua . 1235 MANUFCTRD. HOUSING-IM 170,000 13,530 14 200 170,000 13,530 Total , 1,130 784,200 14 660 14,200 184 200 1,130 , , 14,680 OOU027 H~.~LY CF~OSS EL.C~CTRiC ~,gSSOCC~TCON, CNC. 7749 HIGHWAY I3 (707J 01l-1491 P. 6 p RAw };R 1 ~ 30 FAX ~ 9y.4071 C LF T~WOO^ 9lAINCS,.JLORADO 11607 August 2, 1989 Mr. A. Mark O'Meara 293 North 9ii1 Creek Road CnY4or.ciale, ~O 81623 RE: Acccunt A0269409601 and 0269409703 Dear Marks pn Map 27, 1970, ilo2}~ Croes Electric Association buil~ one Gpan of secondary at 8RB fcr a trailer house off o£ uaCk of tap to 7 oaks (green and white Mela9y Hpme trailer at 293 N. Bill Creek Rued.) The ^~eter N30516 wag energized in the name of Walter Marri3 an June ly'1Q70:. , Thy account wds~v^hanged over on March 3, 1975 into the name of J~,,es T.,MGGxaw. ... The uc:~aWp,ti';~;a8',Cliari,~ed Ivor' to new owner, Mike Mosbargerr On ?:. .. . The account was chatlged over to new owner, Mark O'Meara, on May 2, 1983. • ; Decembe,''1~7~''197D, Hply:CroBg 8lectriC Association built•2 §pan8 of aecar:L^~~ wt ~AB,Subdivinian on Crystal River near Morris (0284 Ri.varside RvaQ.) The meter #6977 was energized in the name of xalpt~:6ataft Qn Opdember ;221 197D. The acc ~ .it ~iiiio~,ctingged~dver on August 3, 1983, • into the' name of Mark E. Kolb. ~'?~ ~"~:. ... ' ..' , The account Fels changer over on April 11, 1985 into the name of Donna L. SmaPt.•' .. ". .. . The acouat was changeQ over on May 3, 1985, into the name of Re ,cad Ann Minor. ~,, ~; If you have any further questions, please feel free t0 call ar write. Sincerely, HOLY CROSS ELECTRIC ASSOCIATION, INC. PITKIN COUNTY COMMUNITY DEVELOPMENT DEPARTMENT AGREEMENT FOR PAYMENT OF LAND USE APPLICATION FEES PITKIN COUNTY (hereinafter COUNTY) and ~lA rl C y L • BEC KE (hereinafter APPLICANT) AGREE AS FOLLOWS: 1. APPLICANT has submitted to COUNTY an application for lOY>t tfAZ AR D RE y r E W R N D C o N C EO'r'URL 5 u 8 m~ sS i o nl (hereinafter, THE PROJECT). APPLICANT understands and agrees that Pitkin County Ordinance No. 32-2002 establishes a 'fee structure for land use applications and the payment of all processing fees is a condition precedent to a determination of application completeness. The fee structure is based on the County's policy that development shall pay, in full, the cost of development review in Pitkin County. Fees have been set to be consistent and fair to the public and to reflect the expense incurred in providing such services to the public. APPLICANT and COUNTY agree that because of the size, nature or scope of the proposed project, it may not be possible at the time of application to ascertain the full extent of the costs involved in processing the application. 4. APPLICANT and COUNTY agree that fees chazged for the processing of land use applications shall accumulate if an application includes more than one type of land use review. COUNTY and APPLICANT further agree that it is impracticable for COUNTY staff to complete processing or present sufficient information to the Planning Commission and/or Board of County Conunissioners to enable the Planning Commission and/or Boazd of County Commissioners to make legally required findings for project approval, tuiless current billings aze paid in full prior to decision. 6. Therefore, APPLICANT agrees that in consideration of the COUNTY'S waiver of its right to collect full fees prior to a determination of application completeness, APPLICANT shall pay a base fee in the amount of $ 210 o which is based on /o hours of staff time, and if actual time spent by staff to process the application exceeds the average number of hours by more than 20%, then the COUNTY will bill the APPLICANT quarterly for the additional time spent. Such periodic payments shall be made within 30 days of the billing date. APPLICANT further agrees that failure to pay such accrued costs shall be grounds for suspension of processing. PITHIN COUNTY APPLICANT Cindy Houben Community Development Director NgNCy ~. BEC,~E,e Print Name //~~ QQ ~Q~wcc/ ~ 1d~1~-- Signature Date: 6~2 3 ~O 3 Mailing Address: GERm AoyRess : OZ93 /J. BILL C'lL EEK IQ D. • h `~' ,~'>' CARBo.JDALE, Co 8623 Effective 1/27/03 000029 oR. 't-EmV iFODRESS; y~l~F mRGNA v~srA s~,arA BAR BABA, cA 93it0 Becker 1041 Review and Conceptual Submission Tract 32, Lower Sewell Tracts LIST OF ADJACENT PROPERTY OWNERS The following List was obtained from the Pitkin County Assessor's records on June 18, 2003: Tract 33 Allison Cooper (Morales) 5438 Pennock Point Road Jupiter, FL 33458-3448 Tract 31 Howazd E. and Pat L. Barnes P. O. Box 1361 Carbondale, CO 81623 Tract 12 Richard L. and Margaret A. Wilson 326 North Bill Creek Road Carbondale, CO 81623 Tract 11 Frank D. Quinn and Diana L. Quinn 0296 North Bill Creek Road Cazbondale, CO 81623 Tract West of Crustal River BRB Resort PUR Partnership 7202 Hwy 133 Cazbondale, CO 81623 000030 PUBLIC NOTICE NOTICE IS HEREBY GIVEN to the general public that on September 16, 2003, the Hearing Officer of Pitkin County granted approval for the Becker 1041 Hazazd Review and Conceptual Submission, Determination No. 31-2003, (Case P065-03). The property known as Tract 32 of the Lower Sewell Tracts, and is legally described as a parcel of land situated in the Section 34, Township 8 South, Range 88 West of the 6~' Principal Meridian. The State Parcel Identification Number for the property is 2463-341-02-004. This site-specific development plan grants a vested property right pursuant to Title 24, Article 68, Colorado Revised Statutes. s/James True Heazing Officer Pitkin County, Colorado Published in the Aspen Times Weekly, on September 27, 2003. 000031 E-<`4 ~ ~ PUBLICNOTICE RE: BECKER 1041 HAZARD REVIEW, CONCEPTUAL SUBMISSION (PID# 2463-341-02-004 CASE# P065-03) NOTICE IS HEREBY GIVEN that a public hearing will be held on Tuesday, September 16, 2003 to begin at 3:00 PM, or as soon thereafter as the conduct of business allows, at the First Floor Meeting Room of the Courthouse, 506 Fast Main Street, Aspen, before the Pitkin County Hearing Officer. To consider an application submitted by Nancy Becker to establish a building envelope for a new residence. The property known as Tract 32 of the Lower Sewell Tracts, and is legally described as a parcel of land situated in the Section 34, Township 8 South, Range 88 West of the 6`" Principal Meridian. The State Parcel Identification Number for the property is 2463-341-02-004. The application is available for public inspection in the Community Development Department, City Hall, 130 S. Galena St., Aspen, CO 81611. For further information, contact Ezra Louthis at (970)920-5092. s/James True Pitkin County Hearing Officer Published in The Aspen Times Weeklv on August 16, 2003. Pitkin County Account No. 002.02 Public Private X OOU032 ,Q,vuW(,e~( -~ ~• ~~ 8-le `03 rt~nwb e5;lcou.~.c.oror PITHIN COUNTY COMMUNITY DEVELOPMENT DEPARTMENT 130 South Galena Street Aspen, Colorado 81611 Phone (970) 920-5526 FAX (970) 920-5439 MEMORANDUM TO: CRYSTAL RIVER CAUCUS CARBONDALE FIRE DISTRICT FROM: Ezra Louthis, Community Development Department RE: BECKER 1041 HAZARD REVIEW AND CONCEPTUAL SUBMISSION (PID# 2463-341-02-004 CASE# P065-03) DATE: July 3, 2003 Attached for your review and comments are materials for an application submitted by XXXXXXX. The Hearing Officer will review the application on Tuesday, September 16, 2003. Please return your comments to me by Friday, July 25, 2003. PLEASE RETURN APPLICATION MATERIALS TO COMMUNITY DEVELOPMENT IF YOU HAVE NO FURTHER NEED OF THEM. Thank you. OOU033 i ~ PITI{IN COUNTY COMMUNITY DEVELOPMENT DEPARTMENT 130 South Galena Street Aspen, Colorado 81611 (970) 920-5526 FAX# (970) 920-5439 July 3, 2003 Ms. Nancy Becker 414 Magna Vista Santa Barbara, CA 93110 Re: BECKER 1041 HAZARD REVIEW AND CONCEPTUAL SUBMISSION (PID# 2463-341-02-004 CASE# P065-03) Deaz Ms. Becker: The Planning Office has completed its preliminary review of the captioned application. We have determined that this application is complete. After a more detailed review of the submittal information, additional information specific to the application may be requested in order to adequately review and process the application. The planner in charge of the review will request the information from you directly. We have scheduled this application for review at a public heazing by the Pitkin County Hearing Officer on Tuesday, September 16, 2003, at a meeting to begin at 3:00 p.m. in the Courthouse Conference Room, 506 East Main Street, Aspen, Colorado. Should this date be inconvenient for you please contact me within 3 working days of the date of this letter. After that the agenda date will be considered final and changes to the schedule or tabling of the application will only be allowed for unavoidable technical problems. The Friday before the meeting date, we will call to inform you that a copy of the memo pertaining to the application is available at the Planning Office. Please be aware that the Heariug Officer will be billed at $135 Per hour. Please note that it is your responsibility to post a public notice sign on the property at least fifteen days prior to the hearing (and remove it within one week afrer) and to mail notice to all adjacent property owners and mineral estate owners at least 30 days prior to the hearing with the return address of the Community Development Department (copy of notice to be obtained from the Community Development Department). The names and addresses shall be those on the current tax records of Pitkin County as they appeared no more than 60 days prior to the date of the public hearing. Please submit the enclosed Affidavit of Notice by Posting & Mailing as proof of compliance with the Code at the hearing. If you have any questions, please call Ezra Louthis, the planner assigned to your case, at 920-5092. Sincerely, Jauis Taylor Administrative Assistant Encl: Affidavit OOU034 County of Pitkin } AFFIDAVIT OF NOTICE & ss. MAILING PURSUANT TO State of Colorado } PITHIN COUNTY LAND USE CODE SECTION 4-90 I, 4~1 A NC y L , f3 E C KE ~ ,being or representing an Applicant to the Pitkin County Development Permit, personally certify that I have complied with the public notice requirements pursuant to Section 4-90 of the Pitkin County Land Use Regulations in the following manner: By mailing of notice, a copy of which is attached hereto, by first-class, postage prepaid U. S. Mail at least 30 days prior to the public hearing to all owners of property adjacent to the subject property, as indicated on the attached list, on the l l+hday of uG~sr , 200 3(which is ~ days prior to the public hearing date of R~~b o3 The names and addresses of the adjacent property owners shall be those on the current tax records of Pitkin County as they appeared no more than 60 days prior to the public hearing. By mailing of notice, a copy of which is attached hereto, by first-class, postage prepaid U.S. Mail at least 30 days prior to the public hearing to the owner(s) of the mineral estate underneath the subject property, as indicated on the attached list, on the ~ day of NIR , 200_ (which is L days prior to the public hearing date of N/q ). The names and addresses of the mineral estate owners shall be those on the current tax records of Pitkin County as they appeared no more than 60 days prior to the public hearing. 3. By posting a sign in a conspicuous place on the subject property (as it could be seen from the nearest public way) and that said sign was posted and visible continuously from the =`st day of S~VrEm dE~ , 200_3 to the 1(o`r` day of Evre»eE~, 2003, (Must be posted for at least fifteen (15) full days before the hearing date). A photograph of the posted sign is attached hereto. N~~c~l ~, aE~KE~ Applicant's name (' CL,-zz ~ ~ ~~~ C 'f~-ril~- Signature PUBLIC NOTI - - -_ _ DATE ~ or TIME 'PILACE ,.- .. -~- 1'~POSE day of SE?~F"7-. , FILIAL SEAL 'i6// OOU035 Becker 1041 Review and Conceptual Submission Tract 32, Lower Sewell Tracts LIST OF ADJACENT PROPERTY OWNERS Tract 33 Allison Cooper (Morales) 5438 Pennock Point Road Jupiter, FL 33458-3448 Tract 31 Howard E. and Pat L. Barnes P. O. Box 1361 Cazbondale, CO 81623 Tract 12 Richazd L. and Mazgazet A. Wilson 326 North Bill Creek Road Cazbondale, CO 81623 Tract 11 Frank D. Quinn and Diana L. Quinn 0296 North Bill Creek Road Carbondale, CO 81623 Tract West of Crustal River BRB Resort PUR Partnership 7202 Hwy 133 Carbondale, CO 81623 000036 C~NITY DEVELOPMENT DEPARTNYI~T 130 South Galena Street Aspen, Colorado S ] 61 1 (970) 920-5526 Pitkin County Land Use: 172 Board of Adjustment. 159 County Land Use Cody 173 Deposit 174 Flat Fee. 162 Zoning and Slgn 16`3 Public Notice 160 Planning Enforcement Referral Fees: RB116 Aceess PermiC 210 Airport LUCO1 County Clerk 211 County Engineer 144 Environmental Health 2~ Historic 198 Housing 190 Land Management 2()<J Redstone HPC 20Fi Wildlife Officer Building Fees: 170 Board of Appeals 135 Building Code Sales 105 Building Permit 100 Contractor License 120 F,lectrical Permit 195 Energy Code Review 115 Mechanical permit 150 Plan Check 110 Plumbing permit 130 Reinspection 151 Aspen Sanitation 152 AVFD Fire Marshal Other Fees: 155 Use Tax 16.5 COPY Performance Deposit I85 Park Dedication 180 Parking Cash in Lieu IS GIS Requirements B1202 Road Impact Fee B 12lZi School Impact Fee TOTAL a2/a,5 d ~ ADDRESS/PROJECT: PHONE: I 4(o"i~ 34/-LP CHECK# n -~ CASE/PERMIT#: - DATE: ~--# OF COPIES:-- 0 0 0 0 c~ ~~ A~" m e m 3~~ "'F i z @p v &»~ N m D ~y ofl,l N ~ ~.R~ ii (Y PJ.N WS `m m €~ T -~_ _--~% ~ ~"B CR ps AL R /PER z~i ~~ .5 -~ ~ _ cep y 4+N,~ _________--_ ~i~ y -~~~,- NOgO Ep SfMI N1' ~- i ~~ _ ~~ ~ y -____---___--_" w °~ a ~ a~ n n y ~~ m 1`~ ~ \ \ ~.ai . v,~ m ~ ~ i '. ~ ~ \ \ y R 8 i ~ ~ ~ 1 °,. ~ ~~ ,, y\ ~ y 9 o F+e ~ 4 '~ ~ m~ 6x ~ ~A -'~~. / x ~7"~ ~" R~' i 6~'-~~ ~ ~'-~ r wu ~,<~„ ra ~rr ROAD ~' (~ 'E W NO ~ ~ ~ ~ ROPU EP6FMEM1 O _ 3U' WIDE _~~\ • W~ ` -- \~ V N V d t~ 1 H T"~^ v ~.- r y \ 1 ~r ~~ ~^~sr~ ea y ~ ~ ~_ f~ f~ ~Pm- H ~y ~~~ ~ 1 , ~~ ~ r t~ 70 aWJ~~ ~ O `I OD _ ~1 7;...) 11 - f ~ ~ rip 1'3~"1 1: t :. 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